Maternity leave benefit (출산전후휴가급여) and parental leave benefit (육아휴직급여) are employment-insurance benefits. For foreign residents, the important first question is not nationality. It is whether your Korean employment insurance coverage includes the benefit you want to claim.
This guide stays narrow: the statutory leave lengths, current benefit caps, the 180-day rules, and the E-9/H-2 opt-in warning.
Start With Coverage
The Employment Insurance Act pays these benefits to insured workers who meet the statutory conditions. The law does not use a simple "all visa holders qualify" rule.
For E-9 and H-2 workers, be especially careful. Easy Law says registered E-9 and H-2 foreign workers become insured persons under the Employment Insurance Act, but unemployment benefit and maternity or parental leave benefits apply only when there is a separate application.
If you are on another working status, do not rely on a guide table alone. Check your employment-insurance history and ask your employer or employment center whether your coverage includes maternity and parental leave benefits.
Parental Leave Benefit
Parental leave (육아휴직) is leave under Article 19 of the Equal Employment Opportunity and Work-Family Balance Assistance Act. The law says an employer must allow parental leave when a worker applies to care for a child age 8 or younger, or in elementary school grade 2 or below, unless a statutory exception applies.
The basic parental-leave period is within one year. The current law also allows up to six additional months for certain workers who meet listed conditions, so check your exact case before planning the total leave length.
For parental leave benefit, Article 70 of the Employment Insurance Act requires:
- At least 30 days of parental leave
- At least 180 insured days before the leave starts
The application window starts one month after parental leave begins and runs until 12 months after the leave ends.
Current General Caps
Under Article 95 of the Employment Insurance Act Enforcement Decree, the general monthly parental-leave benefit is:
| Period | Current statutory amount |
|---|---|
| Months 1-3 | Monthly ordinary wage, capped at ₩2.5M and floored at ₩700K |
| Months 4-6 | Monthly ordinary wage, capped at ₩2.0M and floored at ₩700K |
| Month 7 through end | 80% of monthly ordinary wage, capped at ₩1.6M and floored at ₩700K |
These are caps and floors, not guaranteed flat payments. Your actual amount depends on your ordinary wage and the benefit rule that applies to your case.
Under the basic cap sequence, the maximum for 12 months is ₩23.1M: 3 months at ₩2.5M, 3 months at ₩2.0M, and 6 months at ₩1.6M.
Single-Parent Rule
Article 95-3 sets a higher first-period cap for a worker who falls under the statutory single-parent rule. The monthly cap is ₩3.0M for months 1-3, ₩2.0M for months 4-6, and ₩1.6M from month 7 through the end, with the same ₩700K floor.
Article 95-3 also has a separate rule for cases where both insured parents use parental leave for a child within 18 months after birth. That rule can change the first six months of benefit caps. Ask the employment center to calculate it if both parents are considering leave.
Maternity Leave Benefit
The Labor Standards Act requires maternity leave (출산전후휴가):
- 90 days for a single birth
- 100 days for premature birth
- 120 days for multiple births
For a single birth, at least 45 days must be after birth. For multiple births, at least 60 days must be after birth.
The first 60 days are paid leave for a single birth. For multiple births, the first 75 days are paid leave. Easy Law explains the payment split this way:
- Priority-support companies: government pays ordinary wage up to the monthly cap for both the first paid period and the final period.
- Large companies: employer pays ordinary wage for the first paid period; government pays the final period up to the monthly cap.
The 2026 maternity-leave benefit cap notice sets these caps:
| Leave case | 2026 government benefit cap |
|---|---|
| 90-day maternity leave | ₩6.6M |
| 100-day premature-birth leave | ₩7,333,330 |
| 120-day multiple-birth leave | ₩8.8M |
For maternity leave benefit, Article 75 of the Employment Insurance Act requires at least 180 insured days before the leave ends. The application window starts one month after the leave begins. For a worker whose employer is not a priority-support company, that start point is treated as after the first 60 days for a single birth, or after the first 75 days for multiple births. The window runs until 12 months after the leave ends.
How To Apply
Work24 says parental-leave benefit applications can be submitted through the Work24 (고용24) website, mobile app, or an employment center. It also says the application can be monthly or lump-sum, and that the company must submit the parental-leave confirmation document.
For the legal filing route, the Employment Insurance Act Enforcement Rule says parental-leave benefit applicants submit the application and required documents to the head of the employment security office for the applicant's residence or workplace.
Before leave starts, ask your employer to confirm:
- Your employment-insurance coverage
- Your counted insured days
- Whether your visa/status requires a separate application for these benefits
- The company confirmation document needed for the benefit application
For E-9 or H-2 workers, ask specifically whether the separate application covers maternity and parental leave benefits, not only employment-stability or vocational-training coverage. For help in your own language, Seoulstart's support center directory lists free foreign-resident support centers, including foreign worker support centers, by region.
FAQ
Do foreign residents qualify for maternity or parental leave benefits?
The statutory benefit rules are written around insured-worker status, leave status, insured days, and application timing. If you are a foreign resident, first confirm that your employment insurance coverage includes these benefits. This is especially important for E-9 and H-2 workers, because Easy Law says maternity and parental leave benefits apply only when there is a separate application.
What is the 180-day rule?
For parental leave benefit, the Employment Insurance Act requires at least 180 insured days before parental leave starts. For maternity leave benefit, Article 75 requires at least 180 insured days before the maternity leave ends.
How much is parental leave benefit?
The general current caps are ₩2.5M per month for months 1-3, ₩2.0M for months 4-6, and ₩1.6M from month 7 through the end, with a ₩700K floor. These are caps and floors, not guaranteed flat payments.
How long is maternity leave?
The Labor Standards Act requires 90 days for a single birth, 100 days for premature birth, and 120 days for multiple births. For a single birth, at least 45 days must be after birth.
Where do I apply?
Work24 says parental-leave benefit applications can be submitted through the Work24 website, mobile app, or an employment center. The law also uses the local employment office route for benefit applications.